Tribunal has power to grant stay even beyond 365 days

Brief of the case

In the case of Pespsi Foods Pvt Ltd vs. Assistant Commissioner of income Tax, (Delhi High Court) has held that third proviso to section 254 (2A) through the insertion of the expression – ‘even if the delay in disposing of the appeal is not attributable to the assessee’– by virtue of the Finance Act, 2008, violates the non-discrimination clause of Article 14 of the Constitution of India. Hence, the said expression is unconstitutional and violate Article 14 of constitution of Ind

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